senate Bill S4774

2019-2020 Legislative Session

Permits at the discretion of the court certain members of the victim's family to read statements in court during the sentencing of a defendant

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2019 referred to codes

Co-Sponsors

S4774 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §380.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3408
2011-2012: S751
2013-2014: S3082
2015-2016: S2993
2017-2018: S537

S4774 (ACTIVE) - Summary

Permits at the discretion of the court certain members of the deceased victim's family to read statements in court during the sentencing of a defendant, rather than allowing only a single member of the victim's family to read a statement in court, upon consultation with counsel for the defendant and the people.

S4774 (ACTIVE) - Sponsor Memo

S4774 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4774

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 25, 2019
                               ___________

Introduced by Sens. JORDAN, FUNKE, O'MARA, RANZENHOFER -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Codes

AN ACT to amend the criminal procedure law, in relation to permitting at
  the discretion of the court certain family members of a victim who  is
  deceased  to  read  statements  in  court  during  the sentencing of a
  defendant

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 2 of paragraph (a) of subdivision 2 of section
380.50  of the criminal procedure law, as separately amended by chapters
173 and 198 of the laws of 1996, is amended to read as follows:
  (2) if such victim is  unable  or  unwilling  to  express  himself  or
herself  before the court or a person so mentally or physically disabled
as to make it impracticable to appear in court in person or  the  victim
is  deceased,  a  member of the family of such victim, EXCEPT THAT WHERE
SUCH VICTIM IS DECEASED AND SURVIVED BY BOTH A SPOUSE AND  A  PARENT  OR
PARENTS,  THE  COURT IN ITS SOLE DISCRETION MAY ALLOW A SPOUSE OR PARENT
OR, UPON CONSULTATION WITH COUNSEL FOR THE  DEFENDANT  AND  THE  PEOPLE,
ALLOW  BOTH  TO  MAKE A STATEMENT ON BEHALF OF SUCH VICTIM, or the legal
guardian or representative of the legal guardian  of  the  victim  where
such  guardian  or  representative  has  personal  knowledge  of  and  a
relationship with the victim, unless the court finds that  it  would  be
inappropriate  for  such person OR PERSONS to make a statement on behalf
of the victim.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03636-01-9

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